HHS Designation of Additional Members of the 

Special Exposure Cohort 

under the 

Energy Employees Occupational Illness Compensation Program Act of 2000 

Designating a Class of Employees 

Linde Ceramics Plant 

Tonawanda, New York 

HHS Special Exposure Cohort Designation: 

Linde Ceramics Plant, Tonawanda, New York 
 

 

 

I. Designation 

I, Kathleen Sebelius, Secretary of Health and Human Services, designate the class 

of employees defined in Section II of this report for addition to the Special Exposure 

Cohort (SEC), as authorized under the Energy Employees Occupational Illness 

Compensation Program Act of 2000 (EEOICPA), 42 U.S.C. § 7384q. 

__February 2, 2012___ _[Signature on file]___________ 

Date Kathleen Sebelius 

II. Employee Class Definition 

All Atomic Weapons Employees who worked in any area at the Linde 

Ceramics Plant in Tonawanda, New York, from November 1, 1947 through 

December 31, 1953, for a number of work days aggregating at least 250 work 

days, occurring either solely under this employment or in combination with 

work days within the parameters established for one or more other classes of 

employees included in the SEC. 

III. Designation Criteria and Recommendations 

Pursuant to 42 U.S.C. § 7384q, for the class defined in Section II of this report, the 

Secretary has determined, and the Advisory Board on Radiation and Worker Health 

(Board) has recommended, that 

(1) it is not feasible to estimate with sufficient accuracy the radiation dose that the 

class received; and 

(2) there is a reasonable likelihood that such radiation dose may have 

endangered the health of members of the class. 

The SEC final rule states in 42 C.F.R. § 83.13(c)(1) that it is feasible in two situations 

to estimate the radiation dose that the class received with sufficient accuracy. First, 

the rule states that radiation doses may be estimated with sufficient accuracy if 

NIOSH has established that it has access to sufficient information to estimate the 

maximum radiation dose for every type of cancer for which radiation doses are 

reconstructed that could have been incurred under plausible circumstances by any 

member of the class. Alternatively, radiation doses may be estimated with sufficient 

accuracy if NIOSH has established that it has access to sufficient information to 

estimate the radiation doses of members of the class more precisely than a 

maximum dose estimate. 

The Board, pursuant to 42 U.S.C. § 7384q, advised the Secretary to designate the 

class as an addition to the SEC in a letter received by the Secretary on January 4, 

2012. 

HHS Special Exposure Cohort Designation: 

Linde Ceramics Plant, Tonawanda, New York 

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IV. Designation Findings 

Feasibility of Estimating Radiation Doses with Sufficient Accuracy 

The Secretary established the feasibility determination for the class of employees 

covered by this report based upon the findings summarized below. 

	 NIOSH evaluated the feasibility of completing dose reconstructions for all 

employees who worked at the Linde Ceramics Plant in Tonawanda, New York, 

during the period from November 1, 1947 through December 31, 1953. NIOSH 

determined during this time period, Linde Ceramics Plant continued to process 

radioactive materials and to decontaminate associated buildings of the facility, 

which could have resulted in the generation of airborne dust, surface 

contamination, and direct contact with bulk materials. The potential for 

unmonitored, radiation exposure to uranium and uranium progeny continue at the 

facility until the operations concluded in 1953. 

	 The principal source of internal radiation doses for members of the class under 

evaluation for the period from November 1, 1947 through December 31, 1953 

were: (1) the inhalation of uranium-bearing dust during the conversion of uranium 

dioxide into uranium tetrafluoride in Building 38 from 1947-1949; and (2) the 

potential inhalation or ingestion of residual contamination consisting of uranium in 

Building 38 and uranium and uranium progeny in other uranium-processing 

buildings (i.e., Buildings 14, 30, 31, and 37) during the dismantling and 

decontamination activities from 1947-1953. 

	 Although NIOSH has access to some monitoring information, its analysis of the 

data shows that it was insufficient for NIOSH to estimate unmonitored internal 

exposures for Linde Ceramics Plant workers during this time period. Specifically, 

NIOSH has obtained individual uranium urinalysis data from November 1947 to 

1950 for some workers, but NIOSH does not have access to any monitoring data 

for worker who may have participated in work activities during 1950 and 1953, 

including potential decontamination and dismantling operations within Building 

38. 

	 NIOSH obtained documents showing that during 1948, employees of a 

subcontractor engaged in extensive dismantling activities for equipment used in 

refining uranium and may have been exposed to an elevated-level of uranium 

progeny contamination in Building 30; however, no monitoring records have been 

found. NIOSH determined that there is insufficient data to bound the internal 

dose for this group of employees. Although Linde employees who worked in the 

uranium separation processing in Building 38 were monitored for uranium 

intakes, it is not possible to determine which workers might have also been 

exposed to the elevated-level of uranium progeny contamination in Building 30. 

	 During the evaluated period, the only source of radon was from the processing of 

African ore. Exposure to radon was not believed to be a significant source of 

internal exposure due to the age of the source and product materials. NIOSH is 

able to provide a claimant-favorable estimate for the radon intake for all workers 

during the evaluated time period. Consequently, NIOSH finds that it is not 

HHS Special Exposure Cohort Designation: 

Linde Ceramics Plant, Tonawanda, New York 

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feasible to estimate, with sufficient accuracy, the total internal dose for workers at 

the Linde Ceramics Plant during the period from November 1, 1947 through 

December 31, 1953. 

	 The principal source of external radiation doses for members of the evaluated 

class were (1) direct beta-gamma exposures from uranium and uranium progeny 

contained in the uranium separation process materials (i.e., uranium oxide and 

uranium tetrafluoride compounds); and (2) residual contamination present on 

building surfaces and inside equipment and components resulting from the 

uranium separation process and all other site operations. 

	 NIOSH has access to a database printout of approximately 6,000 weekly film 

badge results. Sufficient job category and workgroup information is contained 

within the database to allow for the statistical analysis of the data by job activity 

and by work area. This information enables NIOSH to reconstruct external doses 

for individual occupational groups with sufficient accuracy. NIOSH also has 

access to results of radiation surveys performed in 1949 and can be used along 

with the results from the initial FUSRAP (Formerly Utilized Sites Remedial Action 

Program) site surveys to establish bounding external radiation levels within the 

Linde Ceramics buildings during standby periods and for outdoor areas. 

	 NIOSH has sufficient information on the nature and extent of the occupational 

medical X-rays examination program in place at the Linde Ceramics Plant during 

the evaluated period and is feasible to reconstruct such dose. However, recently 

found evidence establishes that medical X-rays of Linde Ceramics workers were 

taken offsite at the Black Rock Clinic from 1943 through 1949, and thus, not a 

covered exposure to be included in the dose reconstruction. Therefore, medical 

X-ray dose is not a consideration for workers at the Linde Ceramics Plant in 

Tonawanda, New York for the time period from November 1, 1947 through 

December 31, 1949. Consequently, NIOSH finds that it is feasible to estimate, 

with sufficient accuracy, the total external dose and occupational medical dose 

for the class of employees covered by this evaluation. 

	 NIOSH has determined that it lacks sufficient information, which includes internal 

monitoring data, air monitoring data, area survey data, and surrogate data from 

similar operations at other sites that would allow it to estimate the potential 

internal exposures for uranium and uranium progeny (with the exception of 

radon) for workers at the Linde Ceramics Plant in Tonawanda, New York for the 

time period from November 1, 1947 through December 31, 1953. NIOSH finds 

that it has access to sufficient information to support reconstructing external dose 

with sufficient accuracy during evaluated time period. 

	 NIOSH has documented that it cannot complete the dose reconstructions related 

to this petition with sufficient accuracy for the employees who worked at the 

Linde Ceramics Plant in Tonawanda, New York for the time period from 

November 1, 1947 through December 31, 1953. The basis for this finding 

demonstrates that NIOSH does not have access to sufficient information to 

estimate either the maximum radiation dose incurred by any members of the 

class or to estimate such radiation doses more precisely than a maximum dose 

estimate for that period. 

HHS Special Exposure Cohort Designation: 

Linde Ceramics Plant, Tonawanda, New York 

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	 Pursuant to 42 C.F.R. § 83.13(c)(1), NIOSH determined that there is insufficient 

information to either: (1) estimate the maximum radiation dose, for every type of 

cancer for which radiation doses are reconstructed, that could have been 

incurred under plausible circumstances by any member of the class; or (2) 

estimate the radiation doses of members of the class more precisely than a 

maximum dose estimate. 

	 Although NIOSH found that it is not possible to completely reconstruct radiation 

doses for employees who worked at the Linde Ceramics Plant in Tonawanda, 

New York for the time period from November 1, 1947 through December 31, 

1953, NIOSH intends to use any reliable internal and external monitoring data 

that may be available for an individual claim during this period (and that can be 

interpreted using existing NIOSH dose reconstruction processes or procedures). 

Dose reconstructions for individuals employed at the Linde Ceramics Plant in 

Tonawanda, New York for the time period from November 1, 1947 through 

December 31, 1953, but who do not qualify for inclusion in the SEC, may be 

performed using these data as appropriate. 

	 The Board concurred with the NIOSH evaluation and recommended the 

proposed class for addition to the SEC.
 

Health Endangerment 

The Secretary established the health endangerment determination for the class of 

employees covered by this report based upon the findings summarized below. 

(1) Pursuant to 42 C.F.R. § 83.13(c)(3), NIOSH established that there is a 

reasonable likelihood that such radiation doses may have endangered the 

health of members of the class. Pursuant to 42 C.F.R. § 83.13(c)(3)(ii), 

NIOSH specified a minimum duration of employment to satisfy this health 

endangerment criterion as “having been employed for a number of work days 

aggregating at least 250 work days within the parameters established for this 

class or in combination with work days within the parameters (excluding 

aggregate work day requirements) established for one or more other classes 

of employees in the Cohort.” 

(2) NIOSH did not identify any evidence from the petitioners or from other 

resources that would establish that the class was exposed to radiation during 

a discrete incident likely to have involved exceptionally high-level exposures, 

such as a nuclear criticality incident, as defined under 42 C.F.R. § 

83.13(c)(3)(i). 

(3) The Board concurred with NIOSH’s finding that the health of the class may 

have been endangered and defined the class according to the 250-work day 

requirement specified under 42 C.F.R. § 83.13(c)(3)(ii). 

HHS Special Exposure Cohort Designation: 

Linde Ceramics Plant, Tonawanda, New York 

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V. Effect and Effective Date of Designation 

The Secretary submits this report on the designation of one additional class to the 

SEC for review by Congress, pursuant to 42 U.S.C. §§ 7384l(14)(C)(ii) and 

7384q(c)(2)(A), as amended by the Ronald W. Reagan National Defense 

Authorization Act for Fiscal Year 2005, Pub. L. No. 108-375 (codified as amended in 

scattered sections of 42 U.S.C.). Pursuant to 42 U.S.C. § 7384l(14)(C)(ii), as 

amended by the Ronald W. Reagan National Defense Authorization Act for Fiscal 

Year 2005, Pub. L. No. 108-375 (codified as amended in scattered sections of 42 

U.S.C.), the designation in this report will become effective 30 days after the date of 

this report’s submission to Congress “unless Congress otherwise provides.” 

VI. Administrative Review of Designation 

The health endangerment determination of the designation provided in this report 

may be subject to an administrative review within HHS, pursuant to 42 C.F.R. § 

83.18(a). On the basis of such a review, if the Secretary decides to expand the class 

of employees covered by this designation, the Secretary would transmit a 

supplementary report to Congress providing the expanded employee class definition 

and the criteria and findings on which the decision was based. 

HHS Special Exposure Cohort Designation: 

Linde Ceramics Plant, Tonawanda, New York 

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